Special educational needs in England under the Children and Families Act 2014
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Hayley O'Sullivan of Browne Jacobson Solicitors
Special educational needs in England under the Children and Families Act 2014

The following Local Government guidance note Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Hayley O'Sullivan of Browne Jacobson Solicitors provides comprehensive and up to date legal information covering:

  • Special educational needs in England under the Children and Families Act 2014
  • Local authority functions—general principles
  • Definitions
  • Duties
  • Children and young people for whom a local authority is responsible
  • EHC provision—integration and joint commissioning
  • Review of education and care provision
  • Co-operation and assistance
  • The local offer—information and advice
  • Mainstream education
  • more

Part 3 of the Children and Families Act 2014 (CFA 2014) came into force in England on 1 September 2014. For all new cases and after every new review of a child’s SEN, the 2014 Act system has replaced (in England only) the special educational needs (SEN) provisions in the Education Act 1996 (EA 1996). For children with existing 1996 Act statements, there is a transitional period before the 2014 Act applies.

The 1996 Act law on SEN in Wales has not changed.

Local authority functions—general principles

CFA 2014, s 19 sets out the general principles to which local authorities must have regard in exercising their powers and duties under CFA 2014, Pt 3 as regards children and young people from birth to age 25. To have the child and their parents being heard, participating, being kept informed and being consulted are the key ideas.

Definitions

A child or young person has special educational needs if they have a learning difficulty or disability that calls for special educational provision to be made for them. A child or young person does not have a learning difficulty or disability simply because the language in which they are (or will be) taught is different from the one they speak at home.

Special educational provision is additional or different from that which would normally be